Paradoxes and inconsistencies in the law
著者
書誌事項
Paradoxes and inconsistencies in the law
Hart Publishing, 2006
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction and economics.
目次
I.Introduction 1.Oren Perez: Law in the Air: A Prologue to the World of Legal Paradoxes II.Generic Paradoxes 2.Gunther Teubner: Dealing with Paradoxes of Law: Derrida,Luhmann, Wiethlter 3.Rudolf Wiethlter: Just-ifications of a Law of Society 4.Jean Clam: The Reference of Paradox: Missing Paradoxity as Real Perplexity in Both Systems Theory and Deconstruction 5.Nir Kedar: The Political Origins of the Modern Legal Paradoxes 6.Oren Perez: The Institutionalization of Inconsistency: from Fluid Concepts to Random Walk 7.Lior Barshack: Between Ritual and Theatre: Judicial Performance as Paradox 8.Fatima Kastner: The Paradoxes of Justice: The Ultimate Difference Between a Philosophical and a Sociological Observation of Law III.Paradoxes in Legal Practice 9.Eric Talley: Incentives, Expectations, and Legal Doctrine 10.Yitzhak Benbaji: Equality as a Paradoxical Ideal, or, Respectful Treatment versus Equal Treatment 11.Michal Alberstein: Mediating Paradoxically: Complementing the Paradox of Relational Autonomy with the Paradox of Rights in Thinking Mediation 12.Shai Lavi: Autopoiesis, Nihilism and Technique: On Death and the Origins of Legal Paradoxes 13.Roei Amit: The Paradox of the Law, Between Generality and Particularity: Prohibiting Torture and Practicing it in Israel
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